INTERPOL has decided to establish an Expert Working Group to assess various proposals devoted to the exchange of financial information and to the tracing and recovery of criminal assets. This group will consider various proposals including reviving the concept of a “Silver Notice” devoted to the tracing and recovery of criminal assets. The idea of […]
On 4 November 2022 Mrs Justice Joanna Smith handed down a judgement in the case of the FCA v Konstantinos Papadimitrakopoulos & Dimitris Gryparis clarifying and further restricting the use to which evidence obtained from an overseas authority may be put outside of that agreed with the foreign authority. As a former Head of the […]
Following ratification by the US Congress, the Data Access Agreement between the US and UK will enter into force on the 3 October 2022. Originally signed on 3 October 2019, the provisions of the agreement will now take effect three years later. Under the agreement, investigators in each country will be able to obtain electronic […]
The Turkish President Recep Tayyip Erdoğan has threatened that Turkey may still block Swedish membership of NATO following reports of a Swedish Supreme Court decision blocking the extradition of Yilmaz Aytan. Aytan, who ran a school in Afghansitan founded by the Gülen movement, has had permanent residency in Sweden since 2018. He requested asylum following […]
Turkey has renewed efforts to extradite 33 individuals it designates as terrorists from Sweden and Finland following the signing of a trilateral memorandum between the countries removing Turkey’s veto on the Nordic nations’ accession to NATO. The Agreement In the memorandum, signed on 28 June 2022, Sweden and Finland have agreed, at clause 8, to: […]
Mathias Ortmann and Bram van der Kolk pleaded guilty to charges of causing artists to lose money by deception and being part of a criminal group at the Auckland High Court on 22 June 2022. Both men were officers in the file-hosting website Megaupload, which allowed people to illegally download songs, television shows and films. […]
Background On May 24, 2022, the U.S. Court of Appeals, Second Circuit upheld a decision by the District Court for the Eastern District of New York (“District Court”) which found that for the purposes of the International Organization Immunities Act (“IOIA”), INTERPOL qualified as a public international organization (“PIO”) and was therefore entitled to immunity […]
New Zealand is under international pressure to stop the extradition of Kyung Yup Kim (“Kim”), Korean-born and permanent resident of New Zealand, accused of killing a young woman in Shanghai in 2009: an allegation which Kim denies. New Zealand’s lower courts previously blocked his extradition, citing the risk of torture within China’s legal system and […]
On 20th April 2022, Westminster Magistrates’ Court formally approved the extradition of Julian Assange to the US on espionage and computer misuse charges, and sent his case to the Home Secretary Priti Patel. On 15th March 2022, the Supreme Court remitted Assange’s case back to the Magistrate’s, and rejected, for failing to raise an arguable […]
New Zealand Supreme Court Rules in “test case which the international community was watching closely” On 13 April 2022, a five-strong panel in the New Zealand Supreme Court (“NZSC”) handed down judgment in the case of Minister of Justice v Kyung Yup Kim [2022] NZSC 44.[1] The key question for the court was whether Mr […]
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